Study Notes - Part 2
How to Prevent and Address Conflict Between Agencies
Steps to Minimize Conflicts
Engage with Officials Early: Start by meeting with local, regional, and state officials during the early stages, especially in the Schematic Design Phase. This helps clarify which codes and standards will apply, reducing the risk of conflicts down the line.
Regular Check-ins: Continue meeting with officials during each Design Phase to address any questions or issues as they arise. Keeping open communication helps minimize misunderstandings and potential conflicts.
Resolving Conflicts Between Codes
Follow the Most Restrictive Requirement: According to the California Building Code (Section 101.7.3 Conflicts), if there are conflicting requirements, the more restrictive one should be followed.
Request Written Direction: If the conflict isn't about which code is more restrictive, arrange a meeting with the responsible agencies and request a written decision on how to proceed. Including the Owner in these discussions can be helpful.
Resolving Conflicts Between Agencies
Hold a Joint Meeting: When multiple agencies are involved, schedule a joint meeting to clarify responsibilities and ask for a written resolution on which guidance to follow. Bringing the Owner to these meetings can ensure that everyone is on the same page.
California Environmental Quality Act (CEQA) Approval Process
Introduction
The California Environmental Quality Act (CEQA) is a cornerstone environmental law in California that mandates state and local agencies to identify and mitigate the environmental impacts of their actions. The primary objectives of CEQA are to:
Inform governmental decision-makers and the public about the potential environmental effects of proposed activities.
Prevent significant, avoidable environmental damage by requiring changes in projects through the use of feasible alternatives or mitigation measures.
Disclose to the public the reasons behind a project's approval, even if significant environmental effects are involved.
Understanding the CEQA approval process is essential for project proponents, agencies, and the public to ensure compliance and promote sustainable development.
Step-by-Step CEQA Approval Process
1. Determine if CEQA Applies
This is the first step of the CEQA process.
CEQA applies to activities that may cause a direct or reasonably foreseeable indirect physical change in the environment and that require discretionary approval from a government agency.
The local jurisdiction will determine whether a project requires an initial study or if it qualifies for an exemption.
In other words, the jurisdiction will assess if the project is straightforward and exempt, or if it needs a preliminary review (initial study) to confirm whether it falls under CEQA requirements.
If the project clearly does not fall under CEQA, it will be exempted by the jurisdiction.
There's nothing else that needs to be done at this point, and the project can continue.
There are 3 possible ways to get exempted:
Statutory Exemptions: Specific projects exempted by the legislature (e.g., emergency projects, small-scale educational programs, and habitat restoration initiatives). It's simply a list of projects that are exempt, and if your project is on that list, then you're all set—no further CEQA review is needed!
Categorical Exemptions: Classes of projects deemed not to have significant effects (e.g., minor alterations to land, small landscaping projects, installation of utility extensions).
Common Sense Exemption: If it can be seen with certainty that there is no possibility the activity may have a significant effect on the environment (e.g., administrative office activities, non-invasive site inspections, routine data collection).
What projects are NOT considered under CEQA:
3 or less SFD
Accessory strtuctures
Emergency repairs (for public buildings)
Disaster repairs, or replacements
Installation, repairs, maintenance within 1 mile from public street
2. Initial Study (IS)
This step is when the project did not have any exceptions, and will need to have an initial study. This step is to determine whether the project may have a significant effect on the environment.
Contents:
Project description.
Environmental setting.
Potential environmental impacts.
Mitigation measures (if any).
After the initial study is complete, there are 3 possible outcomes:
A. Negative Declaration (ND),
B. Mitigated Negative Declaration (MND), or
C. Environmental Impact Report (EIR).
There is no established timeline to prepare an Initial Study. it can vary and is not explicitly defined by CEQA. However, lead agencies typically aim to complete this within 30 to 60 days for smaller projects and up to 90 days or more for more complex projects.
Once the Initial Study has been prepared and a draft for Negative Declaration is ready, the document is subject to a public review period of 20 days. This give enough time for the public to review the report and have a chance to disagree with it (obviously, if they agree, chances are that they won't say anything).
After the public review period, the lead agency has a maximum of 180 days from the date it determines the application is complete to approve or disapprove a project, if an ND or MND is adopted (CEQA Guidelines Section 15107).
3. Prepare the Appropriate Environmental Document
The Initial Study, at this point, have determined whether or not the project falls under CEQA. I like to imagine the scenario where the first reviewer says, 'Hey boss, I'm not sure if this project requires CEQA compliance—could you take a quick look?' The boss then glances over and responds, 'Hmm…yup, no CEQA for this one.', or maybe the boss responds 'Absolutely! this project falls under CEQA!'. Essentially, the Initial Study identifies if the project is exempt or if it needs further environmental review, and outlines a couple of ways to address it.
A. Negative Declaration (ND)
When to Prepare: If the Initial Study shows no significant environmental impacts.
Contents: Brief project description, location of the project, proposed finding of no significant impact, attached copy of the Initial Study.
NOTE: It is confusing that they call it "negative declaration". it should be called " nothing negative to declare....declaration"... or "Yup! no CEQA for this one!... Declaration"... or "Nah...all good here!"
B. Mitigated Negative Declaration (MND)
When to Prepare: If the Initial Study identifies potential significant impacts, but revisions in the project plans would avoid or mitigate those impacts to a less-than-significant level.
Contents: Same as Negative Declaration, but includes mitigation measures.
C. Environmental Impact Report (EIR)
When to Prepare: If the project may have significant environmental impacts that cannot be mitigated.
Types of EIRs:
Project EIR: This type of Environmental Impact Report is prepared for a specific project, focusing on the direct, indirect, and cumulative impacts associated with that project. Examples include the construction of a residential community, a new commercial building, or a highway expansion.
Program EIR: A series of related actions that are grouped together and analyzed collectively as one large project. This approach is used when multiple individual components are part of a broader initiative, such as a city-wide infrastructure upgrade or a phased residential development plan.
Supplemental/Subsequent EIR: Updates to a previous EIR.
4. Public Review and Comment
Notices
Notice of Intent (NOI): For Negative Declarations (NDs) and Mitigated Negative Declarations (MNDs), the Notice of Intent is a public announcement that indicates the agency's intention to adopt the document. It allows the public to be informed and participate by providing comments or raising concerns about the project's potential environmental impacts.
Notice of Preparation (NOP): For EIRs, signaling the start of the EIR process.
Circulation Periods
ND/MND: Minimum 20 days (30 days if submitted to the State Clearinghouse).
Draft EIR: Minimum 30 days (usually 45 days).
Public Participation
Make documents available to the public.
Hold public meetings or hearings if necessary.
Solicit comments from agencies and the public.
5. Respond to Comments
Review Comments: Collect all comments received during the public review period.
Prepare Responses: Address significant environmental points and modify the project or environmental documents if necessary.
Finalize Document: Incorporate responses and changes into the Final EIR or adopt the ND/MND.
6. Decision-Making
Certification/Adoption
For EIRs: Lead agency certifies the EIR complies with CEQA.
For ND/MND: Lead agency adopts the document.
Findings
For each significant effect, the agency must make one of the following findings:
Changes have been made to avoid or reduce the impact.
Such changes are within another agency's jurisdiction.
Specific considerations make mitigation infeasible.
Statement of Overriding Considerations: If significant impacts remain, the agency must state why project benefits outweigh the impacts.
Mitigation Monitoring and Reporting Program (MMRP): Required for projects with mitigation measures to ensure implementation.
7. Notice of Determination (NOD)
Filing
Filed by the lead agency within five working days of project approval.
Filed with the County Clerk and, if applicable, the State Clearinghouse.
Contents
Project description.
Date of approval.
Determination of significant impact.
Statement about mitigation measures.
Contact information.
Statute of Limitations: Starts a 30-day period for legal challenges (180 days if NOD is not filed).
Conclusion
Navigating the CEQA approval process is essential for compliance and environmental stewardship in California. By systematically following the steps outlined above, agencies and project proponents can:
Ensure that environmental impacts are adequately considered.
Engage with the public and stakeholders transparently.
Make informed decisions that balance development needs with environmental protection.
Key Takeaways
Early determination of CEQA applicability saves time and resources.
Public involvement is a critical component of the CEQA process.
Thorough environmental analysis and mitigation planning can facilitate project approval.
Legal defensibility of the process relies on adherence to CEQA guidelines and timelines.
Other CEQA related information
The federal version of CEQA is called NEPA.
Lead Agencies responsible for CEQA
State Clearinghouse —-> for State projects
Local Planning Department—-> For non-state Projects
What does the Lead Agencies do:
Complete environmenta Review
Complete Initial Study
Complete EIR or Negative Declaration
What does the Responsible Agency do:
Approval authority over a portion of CEQA
What does the Commenting Agency do:
Has jurisdiction BY LAW over a natural resources
Provide guidance
Building Occupancy Categories
Category I : Low Hazard (agricultural, temporary, minor storage)
Category II: Other than I, III & IV
Category III: Substantial Hazard (Schools, theaters, buildings with large number of people)
Category IV: Essential Facilities
Seismic Design Categories
note: these categories are related to the building occupancy categories above.
Category A —-> Areas of MINOR ground shaking (good soils)
Category B —-> Occupancy groups I, II & III with MODERATE ground shaking
Category C —-> Occupancy groups I, II & III with SEVERE ground shaking AND Occupancy IV with MODERATE ground shaking
Category D —-> Severe and Destructive ground shaking, BUT not near a major active fault
Category E —-> Occupancy gropus I, II & III NEAR major active faults
Category F —-> Occupancy group IV NEAR major active faults
USACE Permits
Memorization tips:
General Permits —-> “G” for “GO” in other words, it has minimum impact, and can “GO ahead”.
Standard —-> “S” for “STOP”! in other words, it has some impact and needs to be addressed.
Letter of Permission —-> Accelerated timeline (For emergencies that cannot wait).
Other information
OSHPD is now called DHCAI!!!
ESBSSA handles essential buildings:
Fire Station
Police Stations
Emergency Operation Centers
Emergency Operation Dispatch Centers
California Highway Patrol
Sheriff Office
Exceptions to the Essential services buildings:
Construction Type V (wood framing), 1 story, less than 2,000 sf
Type II, N construction (not combustible), less than 2,000 sf
Quick note: ESBSSA does NOT handle hospitals
That’s because DHCAI handles Hospitals (via the “Office of Statewide Health Planning and Development”)
Wild Fire Factors:
HIGH Temperature and LOW humidity
Steep Slopes
Embers
Santa Ana dry winds!!!
Areas of high wnid:
Desert
Mountain (at ridges and pass)
Coast
Wind Exposure memorization tip:
Type B —-> “B” for Buildings, lotf of them (therefore, urban)
Type C —-> “C” for country land (just some obstructions)
Type D —-> “D” for “down” to no obstructions
Building elements resisting uplift:
Roofs
Canopies and trellises
Diaphragm
Cladding
Building Elements resisiting lateral wind loads:
Exterior walls
Structural Framiong systems
Windows and doors
Coastal Zone
1,000 yards from mean high tide
Less than 1,000 yards (in urban areas)
Estuaries (which is the 1st major ridgeline, or 5 miles….whichever is less)
Coastal Development permit
For major public works, or energy facilities
Between sea and 1st parallel road
100 feet from wetland, estuary or streams
300 feet from inland of beach or mean high tide line
300 feet from top of coastal bluff
Exceptions to the Coastal Deverlopment Permits:
(E) Single-family Dweeling (SFD)
Maintenance not significant
Replacement due to disaster
(N) SFD —-> NOT between sea and 1st parallel road
NOT within geological hazard or flood area
< 250 feet from existing road
General Plan Elements:
Land Use
Circulation
Housing
Conservation
Open Space
Noise
Safety
Environmental Justice
Air Quality
When project is deemed complete:
Owner has 15 days to records at the county clerk, but it is not required.
The advantage of doing it, is a lien reduction for the contractor and subcontractors:
for the contractor, typically is 90 days —-> reduced to 60 days
For the subcontractors, trypically 90 days —-> reduced to 30 days
Who pays? The owner of contractor?
Owner:
Construction Changes
Assessments
Easements
Contractor:
Permits
Inspections
Labor
Materials
